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Northern Virginia
Mediation Service, Inc.
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Frequently
Asked Questions About Virginia Certification
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| Is
Certification Required In Virginia? |
| Certification is not required of mediators
in Virginia or in any other state. Anyone can practice mediation
without meeting particular qualifications or being licensed
or certified. However, in Virginia as in many other states,
certification is required by court rule for mediators wishing
to be placed on the list of court mediators. |
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| What
Is Certification & What Is It Used For? |
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Certification is a court rule administered by the Supreme
Court of Virginia to set the minimum qualifications of
mediators wishing to be placed on the court list of mediators.
The two primary uses for certification are: 1) to select
and limit the mediators eligible to mediate court-ordered
cases and 2) as a state-granted credential in a field
where there are few recognized credentials.
Certification is the "best" available credential
for doing these two things, but it is far from perfect.
First, there are relatively few cases being referred by
the courts. Of the courts in Northern Virginia, only one-
the Fairfax Circuit Court - uses the certification scheme
as it was initially conceived - as a list for court litigants
to go to to select mediators when they were referred or
ordered to mediation. And Fairfax is only referring contested
custody cases. Other courts, such as most small claims
and general district courts and the Prince William Juvenile
and Domestic Relations court (JDR) have a program with
a mediation provider that organizes the availability of
mediators for the cases that are referred from these courts.
Because there are so many more mediators who want to work
in these settings than there are cases to mediate, these
are limited opportunities. All the other circuit courts
and JDR courts do not refer cases for mediation.
Second, certification is used as a credential on mediator
resumes and advertisements, but is not designed or intended
for this purpose. The "levels" of certification
are intended to identify qualified mediators for particular
courts and this is a confusing system that is not readily
understood by the public or even by the courts. Also,
there is no uniform national certification or other qualifications
standard, so Virginia Certification has limited utility
as a credential.
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| What
Are The Various "Levels" Of Certification? |
| There are four levels of certification
- one for each court case type: General District Court (GDC),
Juvenile and Domestic Relations Court (JDR), Circuit Court
- Family and Circuit Court - Civil (Non-family). Circuit
Civil is more or less an "upgrade" from GDC certification
since they both deal with non-family civil court matters
and Circuit Family is an "upgrade" of JDR certification
since they both deal with family, custody, support and divorce
matters. |
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| What
Are the Specific Requirements? |
| All levels of certification require
a four-year college degree or sufficient relevant experience,
the workshop "Orientation to Virginia Judicial System,"
the workshop "Mediation Skills and Process" and
a certain number of case observations (2) and co-mediations
(3-5). In all cases, a specific workshop (a "Role-Play"
class) may be substituted for the required observations,
but there is no substitution for the co-mediation of cases
with a certified mentor-mediator. Also, the co-mediations
must be of the appropriate kind for the certification being
sought, they must accumulate to a minimum number of hours
and there must be at least one agreement drafted. There
are additional training and co-mediation requirements for
each level. For specific details please see our description
of certification
requirements or view the official Supreme
Court Standards. |
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| What
If I have Years of Mediation Experience? |
| People with prior mediation experience
usually do not have to start over with initial training
and co-mediation experience. However, this decision is unique
to each individual and is made by the Department of Dispute
Resolution Services (DRS) at the Supreme Court of Virginia.
Typically the DRS will require people with prior experience
to co-mediate one or two cases and take the "Orientation
to Virginia Judicial System" and "Ethics for Virginia
Mediators" workshops. Call the DRS in Richmond at 804-786-6455
to explain your situation and get their response. |
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| Can
I "Waive In" From Another State? |
| There is no way to waive in from
another state because there is no uniform standard among
the various states. However, the Supreme
Court standards for the training of mediators does allow
credit for comparable training and experience elsewhere.
For addtional information, please see the answer to the
previous question about "What if I have years of mediation
experience." |
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| Are
The Courts Using Certified Mediators? |
| Thousands of cases are mediated through
the courts each year across Virginia. However, there are
still relatively few opportunities for people to mediate
these cases and, compared to the number of cases filed in
court, only a tiny percentage are actually mediated. Most
of the cases ordered or referred by court are small claims
cases and JDR custody cases and these are usually referred
through an on-site mediation program that rotates the mediators
interested in serving. Unfortunately, only a very few court
programs (one in Northern Virginia) actually refer litigants
to the list of certified mediators and asks them to try
mediation. |
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| How
Much Can A Certified Mediator Earn? |
| Currently court mediation should
be considered quasi-volunteer work. There are a variety
of reasons for this: First, the philosophy of the court
system in Virginia is that all mediation needs to be provided
free of charge to litigants (i.e. they shouldn't have to
pay a fee). However, the Virginia legislature provides only
a small amount of money to pay mediators that is insufficient
to compensate for program development, program management,
case management and mediation time. Typically the state
will pay $100 or less for the mediation of a case which,
including all of the time expended, typically means a rate
of return of less than $6.50 per hour. Second, there are
more mediators available and interested in mediating these
types of cases than there are cases to mediate. The result
is that mediators rotate through cases and end up mediating
only a few cases per month - not enough to provide a significant
financial support for a mediator. For information on creating
a viable practice, please see the answer to the question
"Where
can I sign up to receive cases? |
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| How
Can I Sign Up For Certification Classes? |
| The first step is probably to sign
up for the workshop "Mediation Skills and Process."
Its both the introductory workshop for all levels of certification
as well as the core skills for mediation. Then, just plan
on registering for the workshops you need for the level
of certification you are seeking. To register, go to our
registration
information page. To view our schedule of classes, go to
our schedule
page. To see workshop descriptions, go to our catalog
page. And, to find out other information about our training
program, please see our general training
information page. |
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| Is
Certification A Guarantee of Quality? |
| No. Certification is intended to
set a minimum standard to be listed on the court list
of certified mediators. The training required for certification
is an excellent beginning to the practice of mediation
- giving mediators the tools and skills they need to provide
effective mediation services. The co-mediation requirements
are also excellent but they go only so far. To become
a highly skilled mediator, much additional experience
needs to be gained. As with all endeavors, quality comes
from a variety of factors including training, experience
and personal and professional qualities. How each person
develops as a mediator is unique to them. Some will become
excellent mediators almost immediately after their training
because of their prior professional background, for example.
Others, in some cases despite their prior professional
background, will never excel as a mediator. Both can become
certified, so that is not the measure of quality. |
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| Where
Can I Get More Information? |
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Here are three sources of additional information about
Virginia Mediator Certification:
- The NVMS Web Site (see the links on our training page
and throughout this FAQ.
- The NVMS Training Coordinator - 703-993-3724
- The Department of Dispute Resolution Services - 804-786-6455
/ DRS
Website
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